Roads and Traffic Authority of New South Wales v Heawood

The Roads and Traffic Authority of New South Wales (the Authority) appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the compensation payable to Mr Heawood for the loss of access to his property, which was alleged to have been caused by the Authority's actions under the *Roads Act 1993* (NSW).

The central legal issue before the Court of Appeal was the proper construction of section 32 of the *Roads Act 1993* (NSW), specifically whether the "loss of access" to a property for which compensation is payable must be a total loss, or if it could encompass a substantial or significant reduction in access.

The Court of Appeal, in dismissing the appeal, affirmed the principles of statutory interpretation that favour a broad construction of rights conferred by legislation, particularly where compensation is concerned. The Court held that section 32 of the *Roads Act 1993* (NSW) did not require the loss of access to be absolute or total. Instead, a significant or substantial impairment of access would suffice to trigger the right to compensation. The Authority was therefore ordered to pay the respondents' costs of the appeal.